ferrer

Firstly I just want to say thank you to the people that contribute here. I have spent some time reading about various visa and immigration cases on the internet but they always vary, and its hard to get a realistic expectation for what is possible and how long it takes. I'm hoping someone might have experience in a situation similar to mine and may be able to advise.

I am British, and have been in the USA on a visa waiver for two weeks staying with my girlfriend who I met in London last year. We want to stay together and have been researching a marriage based visa. I have a few questions.

• Should I just start here in the US on my visa waiver or return to the UK and apply for a (k1?)?
• How long will it take on average for me to gain everything I need to work in the US (social security number and EAD is that all?) I need to work as soon as possible.
• I want to be able to return to the UK to visit my Mother, how long before I am authorized to do so, and is it a pain to deal with immigration on return?
• Should we try and do it ourselves or use a lawyer, what should I budget?
• We are currently in LA is this a good place to file the paperwork or should we do it somewhere else, (Texas or NYC)?

I very much appreciated your thoughts, I am currently quite daunted by the process and most of the forums I read are full of acronyms I don't understand!

Trixie_b

OK.. when do you think you'll get married?

If you start the process to apply for a finance visa, you (and your girlfriend) can do it today if you wish, you'll go back to the UK and wait out the time till it's issued (perhaps 7 months or so) you can then come back to the US with your visa and get married within 90 days and you can work from Day 1 of entry on that visa.

ferrer

Thanks Trixie, the thing is I don't think I can stomach 7 months away from her, and she has just started a good career in the US I don't want to jeapodise by bringing her to the UK. Is this really the only option?

Trixie_b

You can do it yourselves, but might want to see an immigration lawyer for confidential advice. One off fee of around $200 - they can quote you for how much the full service will cost.

Read the info on www.uscis.gov for filing info

Trixie_b

Go and see an immigration lawyer now whilst you are in the US and they will advise you which options are available to you. Their advice is confidential.

Bob

First past depends on whether you had the intent to stay or not, so can't answer that.
Second one depends on which road you take, K1 or Immigrant visa.
Third again depends on if you stay and AOS, go the K1 etc.
Doing it yourself isn't that hard if you spend the time to read the forms etc, and don't have any history like a criminal background or previous visa issues, though a one time consult with an immigration lawyer is a good idea and shouldn't cost much.
Paperwork depends on where the USC is resident.

Bob

In theory...in reality most people wouldn't touch you with a barge pole till you got the EAD, which takes 90 odd days, which you apply for when you AOS.

Trixie_b

Oh OK. I'll remember that one.

Noorah101

I agree with Trixie. Pay a hundred dollars or so now, and consult with an immigration attorney to get the best route for your scenario, while you are still unmarried and here in the USA.

Best Wishes,
Rene

ferrer

Ok I will start researching some decent lawyers here in LA then. Thank you for your advice. It is much appreciated.

T

ferrer

Thank you Bob. On the visa waiver i am not allowed to stay more than 90 days. I am also obviously not allowed to work, I just wondered if I can do the paperwork here under the visa waiver and be authorized to stay further until I then receive authorization and details I need to work while we wait out the rest of the process.
I am assuming I cannot do the K1 unless I want to spend a year away from her, which would put an undue amount of stress into the relationship and frankly just make both of us miserable.
I'm happy to spend some money on a lawyer if I can find a good one here in LA and from the final comments it seems this is the route to go, it seems like a great investment. I have no criminal or negative credit etc, I suppose you could say I am a "model" citizen.

So I'm basically trying to work out what I can do from here, and how long I would need to support myself while not working if I remained. I will post the answers I get from the Lawyer here to this thread incase they may be of use to someone else.

Tracym

Noone is going to directly answer you as to whether you can just stay here. Go see that lawyer before you leave, he/she will advise you confidentially.

For most of the options, usually around three months until you can work (receive EAD) from whenever the process is started (in the USA).

Also depending upon the option you choose, there could be approx. 3 months when you could not return to the UK.

Btw... your fiancee must be able to prove that SHE can support the two of you at 125% of the current poverty level (around $17,000 or so for 2 persons). If she does not make that much, assets (hers and yours I believe) can be used to make up the difference (five years worth). For example, if she was $2000 per year short, you'd need $10,000 in assets in addition.

Bob

The reference was to either marry and AOS if you didn't have intent on doing so when you entered, or what would happen if you went in via K1.

Oh, and don't post what the lawyer tells you unless you notify them that you will be posting it on a public forum, as it might impact the advice you are given.

Bob

Could just use a joint sponsor, has to be either an LPR or USC living in the US, who earns the 125 mark for their own household plus the immigrant.

Noorah101

I strongly advise you NOT to do this. What your lawyer tells you should remain in your confidence regarding this topic. Once you have chosen a method of immigration, you are welcome to come ask questions about the paperwork and the process, but I advise you not to post which route your lawyer advised you to take.

Rene